108—Division not to apply to certain matters
(1) If a defendant
charged with a minor indictable offence does not elect, in accordance with the
rules, for trial in a superior court, the Magistrates Court will not proceed
to deal with the charge in accordance with this Division (and the matter will
instead be dealt with by trial conducted in the Magistrates Court or by plea
entered in the Magistrates Court) unless section 102(8) applies to the
defendant.
Note—
In relation to trials and pleas for minor indictable offences conducted in the
Magistrates Court see Division 4.
(2) If a defendant
charged with a major indictable offence pleads guilty before the commencement
of committal proceedings under this Division, the Magistrates Court may,
subject to section 116(1)—
(a)
determine and impose sentence on the defendant; or
(b)
commit the defendant to a superior court for sentence.
(3) To avoid doubt,
subsection (2) applies regardless of whether the Director of Public
Prosecutions has made a determination as to the appropriate charge or charges
to be proceeded with in relation to the information charging the
major indictable offence.